Used Car Sales Are Eligible For Margin Scheme Valuation With Tax Levied On Positive Margin Issue Whether the “Margin Scheme” is applicable for determining the taxable value of second-hand cars purchased from unregistered dealers and sold to unregistered customers after minor repairs. What is the correct HSN classification, assessable value, and applicable GST rate for… Read More »
Assistant Commissioner Lacks Legal Jurisdiction to Adjudicate Show Cause Notices Issued by the DGGI Issue Whether an Assistant Commissioner has the legal competence and jurisdiction to adjudicate a Show Cause Notice (SCN) issued by the Directorate General of GST Intelligence (DGGI) under the CGST/IGST framework, or if such powers are exclusively vested in higher-ranking officers.… Read More »
Paddle Wheel Aerators Used in Aquaculture Fall Under Residual HSN 8479 Taxable at Eighteen Percent Issue Whether Paddle Wheel Aerators used exclusively for oxygenation in aquaculture ponds are classifiable as agricultural machinery under HSN 8436 or under the residual category of machines with individual functions under HSN 8479 of the GST Tariff. Facts The applicant… Read More »
INCOME TAX CASE LAW 25.06.2026 Relevant Act Section Case Law Title Citation Brief Summary Income-tax Act, 1961 Sec. 11 Gahoi Vaishya Kalyan Samiti v. Income-tax Officer (Exemption) 2026 Click Here Where a trust utilized deemed application income to buy immovable property, a mere clerical omission to disclose this in Schedule-I of ITR-7 (which meant for… Read More »
Conscious and Intentional Claim of False Tax Exemption to Evade Tax Rightly Attracts Concealment Penalty Issue Whether a penalty for concealment of income under Section 271(1)(c) is legally sustainable when an assessee pays advance tax on capital gains but subsequently claims a false exemption under Section 10 in her return of income, asserting the claim… Read More »
Bona Fide Claims Based on Prevailing Judicial Precedents Cannot Attract Penalty Due to Retrospective Legislative Amendments Issue Whether a penalty for under-reporting or misreporting of income under Section 270A can be sustained when an assessee’s bona fide claim, fully supported by prevailing judicial precedents at the time of filing, subsequently becomes inadmissible due to a… Read More »
Writ Petition Filed After Five Years Is Non-Maintainable Due To Inordinate Laches And Unavailed Alternative Statutory Remedies Issue Whether a writ petition filed under Article 226 of the Constitution challenging an appellate order is maintainable after a delay of more than five years, when the petitioner has completely bypassed an efficacious alternative statutory remedy available… Read More »
Refusal to Condone Delay Unjustified When Assessee Was Incarcerated and Raised Substantial Legal Challenges Issue Whether the Commissioner (Appeals) was legally justified in dismissing an appeal in limine as time-barred by refusing to condone a delay of 227 days, when the assessee was incarcerated in jail, unable to obtain a digital signature for e-filing, and… Read More »
Notice Under Section 148 Issued After Limitation Expiry Is Valid If Delay Occurred Due To Assessee Adjournment Requests Issue Whether a reassessment notice issued under Section 148 after the normal limitation date is time-barred, or if the time consumed by granting extensions requested by the assessee during pre-notice proceedings can be excluded under the fifth… Read More »
Order and Notice Under Section 148A Passed Ignoring Recorded Adjournment Request Are Legally Void Order and Notice Under Section 148A Passed Ignoring Recorded Adjournment Request Are Legally Void Issue Whether an order passed under Section 148A(d) and a consequential notice issued under Section 148 of the Income-tax Act, 1961, are legally sustainable when the Assessing… Read More »